DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claims 7-9 are objected to because of the following informalities:
Claim 7, line 4: “at least one parameter” should read “said at least one parameter”
Claims 8-9 are also objected to by virtue of their dependency on claim 7.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Claim 1, lines 11-13 recite, “a device for measuring at least one parameter representative of a temperature of the first external source and/or of the second external source” but does not correspond to any defining structure in the present specification, see 112(a) and 112(b) rejections below.
Claim 1, line 14 recites, “control member” but does not correspond to any defining structure in the present specification, see 112(a) and 112(b) rejections below.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-9 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1, lines 11-13 recite, “a device for measuring at least one parameter representative of a temperature of the first external source and/or of the second external source” which is interpreted under 35 U.S.C 112(f) but is not provided with sufficient structure in the present disclosure to define the device for measuring at least one parameter. The closest structure provided in the specification is “the measuring device 15 is configured to measure the temperature of the space 2 (Pg. 10, paragraph 69)”, however, this is further explanation of the function of the measuring device 15 and not support for the means to carry out said function.
Claim 1, line 14 recite, “control member” which is interpreted under 35 U.S.C 112(f) but is not provided with sufficient structure in the present disclosure to define the control member. The closest structure provided in the specification is “the control member 14 is more specifically configured to modulate the acoustic power of the motors 6 to 9 by modifying the amplitude of the supply voltage thereof so as to modify the amplitude of displacement of the piston thereof (Pg. 11, paragraph 74)”, however, this is further explanation of the function of the control member 14 and not support for the means to carry out said function.
Claims 2-4 and 6 are also rejected by virtue of their dependency on claim 1.
Claim 5 is also rejected by virtue of its dependency on claim 4.
Claim 7 is also rejected by virtue of its dependency on claim 6.
Claims 8-9 are also rejected by virtue of their dependency on claim 7.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim limitation “a device for measuring at least one parameter representative of a temperature of the first external source and/or of the second external source” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. No corresponding structure is provided in the specification to define the device for measuring at least one parameter. For purposes of examination, the Examiner will interpret the device for measuring at least one parameter to include temperature and/or pressure sensors and functional equivalents. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim limitation “control member” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. No corresponding structure is provided in the specification to define the control member. For purposes of examination, the Examiner will interpret the control member to include controllers, microprocessors, programmable logic controller, and functional equivalents. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim 4, line 4 recites, “a regenerator” which is unclear to the Examiner as to how the
regenerator of claim 4 relates to the previously claim regenerator of claim 1 from which claim 4 depends. For purposes of examination, the Examiner will interpret the regenerator of claim 4 to be separate and/or in addition to the regenerator of claim 1. The Examiner recommends making clarifying amendments to differentiate the regenerators of claims 1 and 4.
Claim 4, line 4 recites, “a first heat exchanger” which is unclear to the Examiner as to how the
first heat exchanger of claim 4 relates to the previously claim first heat exchanger of claim 1 from which claim 4 depends. For purposes of examination, the Examiner will interpret the first heat exchanger of claim 4 to be separate and/or in addition to the first heat exchanger of claim 1. The Examiner recommends making clarifying amendments to differentiate the first heat exchangers of claims 1 and 4.
Claim 4, lines 6-7 recite, “a second heat exchanger” which is unclear to the Examiner as to how
the second heat exchanger of claim 4 relates to the previously claim second heat exchanger of claim 1 from which claim 4 depends. For purposes of examination, the Examiner will interpret the second heat exchanger of claim 4 to be separate and/or in addition to the second heat exchanger of claim 1. The Examiner recommends making clarifying amendments to differentiate the second heat exchangers of claims 1 and 4.
Claim 7, line 7 recites, “if these values are different” which is unclear to the Examiner as to which of the previously claimed values are different from. For purposes of examination, the Examiner will interpret the claim as follows, “if the value of said at least one parameter thus measure is different from the reference value”. The Examiner recommends amending the claim to read as interpreted herein.
Claims 2-4 and 6 are also rejected by virtue of their dependency on claim 1.
Claim 5 is also rejected by virtue of its dependency on claim 4.
Claim 7 is also rejected by virtue of its dependency on claim 6.
Claims 8-9 are also rejected by virtue of their dependency on claim 7.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, and 6-9 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Schwartz et al. (US Patent No. 8,375,729), hereinafter Schwartz.
Regarding claim 1, Schwartz discloses a thermoacoustic machine (Fig. 3, thermoacoustic refrigerator 200) comprising:
a waveguide intended to receive a working fluid (Fig. 3, body 201, acoustic transmission line 214a, 214b; Col. 3, lines 1-2, A thermoacoustic refrigerator includes a generally hollow, sealed body containing a working gas);
an acoustic source configured to generate an acoustic wave so as to propagate acoustic energy through the waveguide (Fig. 3, electromechanical driver 204a, 204b, VFDs 23a, 234b; Col. 5, lines 60-67, An electromechanical driver 82 (for example an acoustic wave source) is disposed within body 72, proximate first heat exchanger 76. Many different types of devices may serve the function of electromechanical driver 82, such as well-known moving coil, piezo-electric, electro-static, ribbon or other forms of loudspeaker. A very efficient, frequency tunable, and frequency stable speaker design is preferred so that the cooling efficiency of the refrigerator may be maximized; Col. 12, lines 5-7, an acoustic transmission line 214a, 214b (which in one embodiment are channels through which an acoustic wave may travel));
a thermoacoustic cell comprising a regenerator, a first heat exchanger which is configured to exchange heat between the working fluid and a first heat transport element transporting heat to a first external source, and a second heat exchange which is configured to exchange heat between the working fluid and a second heat transport element transporting heat from a second external source (Fig. 3, two or more cooling stages 202a, 202b, first heat exchanger 206a, 206b, regenerator 208a, 208b, second heat exchanger 210a, 210b; Col. 5, lines 43-46, Tubes 77, 79 connected to heat exchangers 76, 78, respectively, permit the transfer of fluid from a thermal reservoir or load external to refrigerator 70 to and from heat exchangers 76, 78; Col. 11, lines 59-62, It will be appreciated that the arrangement described above can be extended to other configurations of thermoacoustic refrigerators. FIG. 3 illustrates one example of such an alternative);
a device for measuring at least one parameter representative of a temperature of the first external source and/or of the second external source (Fig. 3, Thermocouples 221a, 221b, 222a, 222b, 223a, 223b, 224a, 224b, 225a, 225b, 226a, 226b; Col. 12, line 10-22, According to the embodiment shown in FIG. 3, thermocouples 222a, 224a, and 226a are provided for measuring the temperatures of the heat exchange fluid within heat exchangers 206a, 210a, and 212a, respectively. Thermocouples 221a, 223a, and 225a are provided for measuring the temperatures proximate heat exchangers 206a, 210a, and 212a, respectively. Similarly, thermocouples 222b, 224b, and 226b are provided for measuring the temperatures of the heat exchange fluid within heat exchangers 206b, 210b, and 212b, respectively. And, thermocouples 221b, 223b, and 225b are provided for measuring the temperatures proximate heat exchangers 206b, 210b, and 212b, respectively; As best understood, see 112(b) rejections above); and
a control member configured to modulate the acoustic power of the acoustic source so as to modify the temperature of the first external source and/or of the second external source according to the at least one parameter (Fig. 3, controller 232; Col. 12, lines 32-60, Each of the thermocouples, thermometer 228, and hygrometer 230 (as well as other sensor devices) provide data to a controller 232. Controller 232 uses the various temperature, humidity, and other measurements to generate a control signal for controlling VFDs 234a, 234b, which control (vary) the frequencies, relative phases, and input power, current, and/or voltage provided to electromechanical drivers 204a, 204b, and/or relative phases of the current and/or voltage of the drivers, to optimize efficiency or cooling power. It should be noted that controller 232 is capable of independently controlling VFDs 234a, 234b, thereby compensating for differences in the material, dimensions, locations, and other variables between stages 202a, 202b. An additional input to controller 232 may be adjustable user parameters 236. Such user input parameters may include desired cooling power, maximum power consumption, desired cooling temperature, and so on for thermoacoustic refrigerator 200. As described above, in one embodiment controller 232 comprises logic that is programmed (and optionally, reprogrammable) to vary the frequency and/or power and/or current phase of electromechanical transducers 204a, 204b according to a lookup table containing a mapping from temperatures to frequency, power, and phase for each stage. In another embodiment a fully analog solution consisting of a VFD and combinations of transistor amplifiers and other electronic components for each stage 202a, 202b can be used. In yet another embodiment, a combination of analog and digital logic can be used; As best understood, see 112(b) rejections above).
Regarding claim 2, Schwartz discloses the machine as claimed in claim 1 (see the rejection of claim 1 above), wherein the at least one parameter is selected from among the following parameters:
a temperature of the first heat transport element (Fig. 3, thermocouples 222a, 222b; Col. 12, lines 10-13 and 17-20, According to the embodiment shown in FIG. 3, thermocouples 222a, 224a, and 226a are provided for measuring the temperatures of the heat exchange fluid within heat exchangers 206a, 210a, and 212a, respectively…Similarly, thermocouples 222b, 224b, and 226b are provided for measuring the temperatures of the heat exchange fluid within heat exchangers 206b, 210b, and 212b, respectively),
a temperature of the second heat transport element (Fig. 3, thermocouples 224a, 224b; Col. 12, lines 10-13 and 17-20, According to the embodiment shown in FIG. 3, thermocouples 222a, 224a, and 226a are provided for measuring the temperatures of the heat exchange fluid within heat exchangers 206a, 210a, and 212a, respectively…Similarly, thermocouples 222b, 224b, and 226b are provided for measuring the temperatures of the heat exchange fluid within heat exchangers 206b, 210b, and 212b, respectively),
a temperature of the working fluid (Fig. 3, thermocouples 221a, 221b, 223a, 223b, 225a, 225b; Col. 12, lines 13-17, Thermocouples 221a, 223a, and 225a are provided for measuring the temperatures proximate heat exchangers 206a, 210a, and 212a, respectively), and
an acoustic pressure of the working fluid (Col. 12, lines 61-64, Additional, optional inputs to controller 232 are feedback from VFDs 234a, 234b, and data from additional sensors such as pressure and flow velocity sensors (not shown) located within body 201).
Regarding claim 6, Schwartz discloses a method for controlling a thermoacoustic machine as
claimed in claim 1 (see the rejection of claim 1 above).
Regarding claim 7, Schwartz discloses the method as claimed in claim 6 (see the rejection of claim 6 above), comprising a modulation step (Col. 12, lines 50-60, As described above, in one embodiment controller 232 comprises logic that is programmed (and optionally, reprogrammable) to vary the frequency and/or power and/or current phase of electromechanical transducers 204a, 204b according to a lookup table containing a mapping from temperatures to frequency, power, and phase for each stage. In another embodiment a fully analog solution consisting of a VFD and combinations of transistor amplifiers and other electronic components for each stage 202a, 202b can be used. In yet another embodiment, a combination of analog and digital logic can be used) which comprises:
measuring said at least one parameter (Col. 12, lines 32-44 and 61-64, Each of the thermocouples, thermometer 228, and hygrometer 230 (as well as other sensor devices) provide data to a controller 232. Controller 232 uses the various temperature, humidity, and other measurements to generate a control signal for controlling VFDs 234a, 234b, which control (vary) the frequencies, relative phases, and input power, current, and/or voltage provided to electromechanical drivers 204a, 204b, and/or relative phases of the current and/or voltage of the drivers, to optimize efficiency or cooling power. It should be noted that controller 232 is capable of independently controlling VFDs 234a, 234b, thereby compensating for differences in the material, dimensions, locations, and other variables between stages 202a, 202b… Additional, optional inputs to controller 232 are feedback from VFDs 234a, 234b, and data from additional sensors such as pressure and flow velocity sensors (not shown) located within body 201);
comparing a value of at least one parameter thus measured with a reference value (Col. 12, lines 32-49, Each of the thermocouples, thermometer 228, and hygrometer 230 (as well as other sensor devices) provide data to a controller 232. Controller 232 uses the various temperature, humidity, and other measurements to generate a control signal for controlling VFDs 234a, 234b, which control (vary) the frequencies, relative phases, and input power, current, and/or voltage provided to electromechanical drivers 204a, 204b, and/or relative phases of the current and/or voltage of the drivers, to optimize efficiency or cooling power. It should be noted that controller 232 is capable of independently controlling VFDs 234a, 234b, thereby compensating for differences in the material, dimensions, locations, and other variables between stages 202a, 202b. An additional input to controller 232 may be adjustable user parameters 236. Such user input parameters may include desired cooling power, maximum power consumption, desired cooling temperature, and so on for thermoacoustic refrigerator 200); and
controlling the acoustic source so as to modulate the acoustic power that it generates if these values are different in order to modify the temperature of the first external source and/or of the second external source (Col. 12, lines 50-67, As described above, in one embodiment controller 232 comprises logic that is programmed (and optionally, reprogrammable) to vary the frequency and/or power and/or current phase of electromechanical transducers 204a, 204b according to a lookup table containing a mapping from temperatures to frequency, power, and phase for each stage. In another embodiment a fully analog solution consisting of a VFD and combinations of transistor amplifiers and other electronic components for each stage 202a, 202b can be used. In yet another embodiment, a combination of analog and digital logic can be used. The feedback loop may be used to further optimize the efficiency and or power use of thermoacoustic refrigerator 200 and provide operational stability as previously
discussed).
Regarding claim 8, Schwartz discloses the method as claimed in claim 7 (see the rejection of claim 7 above), wherein the modulation step is repeated over time (Col. 12, lines 50-67, As described above, in one embodiment controller 232 comprises logic that is programmed (and optionally, reprogrammable) to vary the frequency and/or power and/or current phase of electromechanical transducers 204a, 204b according to a lookup table containing a mapping from temperatures to frequency, power, and phase for each stage. In another embodiment a fully analog solution consisting of a VFD and combinations of transistor amplifiers and other electronic components for each stage 202a, 202b can be used. In yet another embodiment, a combination of analog and digital logic can be used. The feedback loop may be used to further optimize the efficiency and or power use of thermoacoustic refrigerator 200 and provide operational stability as previously discussed; Further, the teaching of Schwartz at least imply the modulation step is repeated over time since it has been held in considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom (MPEP 2144.01)).
Regarding claim 8, Schwartz discloses the method as claimed in claim 7 (see the rejection of claim 7 above), wherein the reference value is a setpoint value (Col. 12, lines 45-49, An additional input to controller 232 may be adjustable user parameters 236. Such user input parameters may include desired cooling power, maximum power consumption, desired cooling temperature, and so on for thermoacoustic refrigerator 200).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Schwartz et al. (US Patent No. 8,375,729), hereinafter Schwartz in view of Schwartz et al. (US Patent No. 8,584,471), hereinafter Schwartz ‘471.
Regarding claim 3, Schwartz discloses the machine as claimed in claim 1 (see the rejection of claim 1 above), the control member being configured to modify an amplitude and/or frequency of movement of the acoustic source (Col. 12, lines 32-60, Each of the thermocouples, thermometer 228, and hygrometer 230 (as well as other sensor devices) provide data to a controller 232. Controller 232 uses the various temperature, humidity, and other measurements to generate a control signal for controlling VFDs 234a, 234b, which control (vary) the frequencies, relative phases, and input power, current, and/or voltage provided to electromechanical drivers 204a, 204b, and/or relative phases of the current and/or voltage of the drivers, to optimize efficiency or cooling power. It should be noted that controller 232 is capable of independently controlling VFDs 234a, 234b, thereby compensating for differences in the material, dimensions, locations, and other variables between stages 202a, 202b).
However, Schwartz does not explicitly disclose wherein the acoustic source comprises a motor provided with a movable element.
Schwartz ‘471 teaches wherein the acoustic source comprises a motor provided with a movable element (Fig. 3, acoustic sources 56a, 56b; Col. 6, lines 48-50, Acoustic sources 56a, 56b may be one of a wide variety of different types of devices. Examples include well-known electromagnetic linear alternator and piston).
Schwartz fails to teach wherein the acoustic source comprises a motor provided with a movable element, however Schwartz ‘471 teaches that it is a known method in the art of thermoacoustic refrigerators to include wherein the acoustic source comprises a motor provided with a movable element. This is strong evidence that modifying Schwartz as claimed would produce predictable results (i.e. generating an acoustic wave to carry out system operations). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Schwartz by Schwartz ‘471 and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of generating an acoustic wave to carry out system operations.
Claim 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Schwartz et al. (US Patent No. 8,375,729), hereinafter Schwartz in view of Watanabe et al. (US 20080110180), hereinafter Watanabe.
Regarding claim 4, Schwartz discloses the machine as claimed in claim 1 (see the rejection of claim 1 above), wherein said thermoacoustic cell is a first thermoacoustic cell (Fig. 3, two or more cooling stages 202a, 202b, first heat exchanger 206a, 206b, regenerator 208a, 208b, second heat exchanger 210a, 210b).
However, Schwartz does not disclose the acoustic source being formed by a second thermoacoustic cell, said second thermoacoustic cell comprising a regenerator, a first heat exchange which is configured to exchange heat between the working fluid and a third heat transport element transporting heat to a third external source, and a second heat exchange which is configured to exchange heat between the working fluid and a fourth heat transport element transporting heat from a fourth external source.
Watanabe teaches the acoustic source being formed by a second thermoacoustic cell, said second thermoacoustic cell comprising a regenerator, a first heat exchange which is configured to exchange heat between the working fluid and a third heat transport element transporting heat to a third external source, and a second heat exchange which is configured to exchange heat between the working fluid and a fourth heat transport element transporting heat from a fourth external source (Fig. 1, first heat exchanger 300, first stack 3a, first high-temperature side heat exchanger 4, first low-temperature side heat exchanger 5; Pg. 2, paragraph 20, As shown in FIG. 1, the thermoacoustic device 1 of this embodiment includes a loop tube 2 having an approximately rectangular shape as a whole, and in this loop tube 2, there are provided first heat exchangers 300, each of which is composed of a first high-temperature side heat exchanger 4, a first low-temperature side heat exchanger 5, and a first stack 3a, and second heat exchangers 310, each of which is composed of a second high-temperature side heat exchanger 6, a second low-temperature side heat exchanger 7, and a second stack 3b. By heating the first high-temperature side heat exchangers 4 at the first heat exchanger 3 00 side, self-excited standing and traveling waves are generated, and when acoustic energy by the standing and traveling waves is transported to the second heat exchanger 310 side, it is converted to thermal energy at the second heat exchanger 310 side so as to cool the second low-temperature side heat exchangers 7; Pg. 3, paragraph 24-25, Of the heat exchangers 4 and 5, the first high-temperature side heat exchanger 4 is mounted so as to be in contact with an upper surface of the stack 3a and is heated to a temperature relatively higher than that of the first low-temperature side heat exchanger 5 by waste heat or the like supplied from the outside. Alternatively, besides the waste heat, this first high temperature side heat exchanger 4 may be heated by electric power or the like supplied from the outside. In addition, as is the case described above, the first low-temperature side heat exchangers is mounted so as to be in contact with a lower surface of the first stack 3a and is set to a temperature, such as 15 to 16° C., which is relatively lower than that of the first high-temperature side heat exchanger 4, by circulating water or the like in an outer peripheral portion of the first low-temperature side heat exchanger 5; Pg. 4, paragraph 31, This second high-temperature side heat exchanger 6 is set to a temperature, such as 15 to 16° C., by circulating water in an outer peripheral portion of the second high-temperature side heat exchanger 6. On the other hand, the second low-temperature side heat exchanger 7 has a heat output portion and is designed to cool an exterior object to be cooled. As the object to be cooled, for example, ambient air, a home electric appliance which generates heat, and a CPU of a personal computer may be mentioned).
Schwartz fails to teach the acoustic source being formed by a second thermoacoustic cell, said second thermoacoustic cell comprising a regenerator, a first heat exchange which is configured to exchange heat between the working fluid and a third heat transport element transporting heat to a third external source, and a second heat exchange which is configured to exchange heat between the working fluid and a fourth heat transport element transporting heat from a fourth external source, however Watanabe teaches that it is a known method in the art of thermoacoustic refrigerators to include the acoustic source being formed by a second thermoacoustic cell, said second thermoacoustic cell comprising a regenerator, a first heat exchange which is configured to exchange heat between the working fluid and a third heat transport element transporting heat to a third external source, and a second heat exchange which is configured to exchange heat between the working fluid and a fourth heat transport element transporting heat from a fourth external source. This is strong evidence that modifying Schwartz as claimed would produce predictable results (i.e. generating an acoustic wave to carry out system operations). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Schwartz by Watanabe and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of generating an acoustic wave to carry out system operations.
Further, the modification as described herein would result in the control member being configured to modify an amount of heat transported by the third heat transport element and/or the fourth heat transport element as the controller 232 is already disclosed to control the acoustic source to optimize efficiency or cooling power and would maintain this configuration when modified as described herein (Schwartz, Col. 12, lines 32-60, Each of the thermocouples, thermometer 228, and hygrometer 230 (as well as other sensor devices) provide data to a controller 232. Controller 232 uses the various temperature, humidity, and other measurements to generate a control signal for controlling VFDs 234a, 234b, which control (vary) the frequencies, relative phases, and input power, current, and/or voltage provided to electromechanical drivers 204a, 204b, and/or relative phases of the current and/or voltage of the drivers, to optimize efficiency or cooling power. It should be noted that controller 232 is capable of independently controlling VFDs 234a, 234b, thereby compensating for differences in the material, dimensions, locations, and other variables between stages 202a, 202b).
Regarding claim 5, Schwartz discloses the machine as claimed in claim 1 (see the rejection of claim 4 above), wherein the third heat transport element and the fourth heat transport element each comprise a heat transfer fluid (Watanabe, Pg. 3, paragraph 24-25, Of the heat exchangers 4 and 5, the first high-temperature side heat exchanger 4 is mounted so as to be in contact with an upper surface of the stack 3a and is heated to a temperature relatively higher than that of the first low-temperature side heat exchanger 5 by waste heat or the like supplied from the outside. Alternatively, besides the waste heat, this first high temperature side heat exchanger 4 may be heated by electric power or the like supplied from the outside. In addition, as is the case described above, the first low-temperature side heat exchangers is mounted so as to be in contact with a lower surface of the first stack 3a and is set to a temperature, such as 15 to 16° C., which is relatively lower than that of the first high-temperature side heat exchanger 4, by circulating water or the like in an outer peripheral portion of the first low-temperature side heat exchanger 5; Pg. 4, paragraph 31, This second high-temperature side heat exchanger 6 is set to a temperature, such as 15 to 16° C., by circulating water in an outer peripheral portion of the second high-temperature side heat exchanger 6. On the other hand, the second low-temperature side heat exchanger 7 has a heat output portion and is designed to cool an exterior object to be cooled. As the object to be cooled, for example, ambient air, a home electric appliance which generates heat, and a CPU of a personal computer may be mentioned), the control member being configured to modify a temperature of the heat transfer fluid of the third heat transport element and/or of the fourth heat transport element (Schwartz, Col. 12, lines 32-60, Each of the thermocouples, thermometer 228, and hygrometer 230 (as well as other sensor devices) provide data to a controller 232. Controller 232 uses the various temperature, humidity, and other measurements to generate a control signal for controlling VFDs 234a, 234b, which control (vary) the frequencies, relative phases, and input power, current, and/or voltage provided to electromechanical drivers 204a, 204b, and/or relative phases of the current and/or voltage of the drivers, to optimize efficiency or cooling power. It should be noted that controller 232 is capable of independently controlling VFDs 234a, 234b, thereby compensating for differences in the material, dimensions, locations, and other variables between stages 202a, 202b; Further, the teachings of Schwartz which disclose control of the wave frequencies at least imply modifying a temperature of heat transfer fluid in the heat exchangers of the system since changes in the sound wave characteristics change the cooling capacity of the system via heat transfer between the working fluid and the heat transfer medium since it has been held in considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom (MPEP 2144.01)). Further, the limitations of claim 5 are the result of the modification of references used in the rejection of claim 4 above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lucas (US Patent No. 5,263,341) discloses similar control of a thermoacoustic machine.
Watanabe et al. (US Patent No. 7,603,866) discloses similar control of a thermoacoustic machine.
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/DEVON MOORE/Examiner, Art Unit 3763 February 19th, 2026
/FRANTZ F JULES/Supervisory Patent Examiner, Art Unit 3763